6.
At-Will Doctrine
• Most states view employment as “at-will” – no fixed
period of time and either party free to terminate at
any time with or without reason
• Can be altered by a contract of employment
• Does not allow employers free reign on how people
are treated
• All employment decisions must remain legal,
defensible and in good faith

7.
Form I-9
• New form effective March 2013
• Employee complete within 1 day of hire, Employer
complete within 3 days of hire
• No documentation by Day 3 = No employment
• Documentation - Copies or no copies, consistency
• Employer cannot prescribe documents to bring
• Filled out correctly
• Filed separately
• Prepared for an audit?

13.
Document Retention
• Know the rules for contents of Personnel Files – it
could vary based on document
• Lilly Ledbetter Act – retention of documentation
regarding pay
• Know the rules for I-9s – 1 year from term date or 3
years from hire date, whichever is later
• Purge all documents that are not required to keep

14.
Discrimination
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Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on
race, color, religion, sex, or national origin;
Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the
same establishment from sex-based wage discrimination;
Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of
age or older;
Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit
employment discrimination against qualified individuals with disabilities in the private sector, and in state
and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified
individuals with disabilities who work in the federal government;
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment
discrimination based on genetic information about an applicant, employee, or former employee; and
Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional
employment discrimination
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees
hired are legally authorized to work in the U.S. However, an employer who requests employment
verification only for individuals of a particular national origin, or individuals who appear to be or sound
foreign, may violate both Title VII and IRCA;
Pregnancy Discrimination Act (PDA) of 1978 provides that women affected by pregnancy, childbirth, or
related medical conditions must be treated the same way as other individuals with temporary disabilities.
Therefore, you can not be treated differently from any other employee with any other disability.

15.
Discrimination
Under Title VII, the ADA, GINA, and the ADEA, it is illegal to discriminate in
any aspect of employment, including:
– hiring and firing;
– compensation, assignment, or classification of employees;
– transfer, promotion, layoff, or recall;
– job advertisements;
– recruitment;
– testing;
– use of company facilities;
– training and apprenticeship programs;
– fringe benefits;
– pay, retirement plans, and disability leave; or
– other terms and conditions of employment.

16.
Terminations
• Ensure consistency
• Ensure solid documentation in place
• Have decisions reviewed by third party to ensure
minimal bias and cool heads prevail
• Prepare separation packet, ensure term checklist is
completed
• Have witness or third party present